December 13, 2011, Introduced by Rep. Opsommer and referred to the Committee on Judiciary.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms and gas ejecting
devices; to prohibit the buying, selling, or carrying of certain
firearms and gas ejecting devices without a license or other
authorization; to provide for the forfeiture of firearms under
certain circumstances; to provide for penalties and remedies; to
provide immunity from civil liability under certain circumstances;
to prescribe the powers and duties of certain state and local
agencies; to prohibit certain conduct against individuals who apply
for or receive a license to carry a concealed pistol; to make
appropriations; to prescribe certain conditions for the
appropriations; and to repeal all acts and parts of acts
inconsistent with this act,"
by amending sections 2, 5a, and 5d (MCL 28.422, 28.425a, and
28.425d), section 2 as amended by 2010 PA 20, section 5a as added
by 2000 PA 381, and section 5d as amended by 2002 PA 719, and by
adding section 12c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Except as otherwise provided in this section, a
person shall not purchase, carry, possess, or transport a pistol in
this state without first having obtained a license for the pistol
as prescribed in this section.
(2) A person who brings a pistol into this state who is on
leave from active duty with the armed forces of the United States
or who has been discharged from active duty with the armed forces
of the United States shall obtain a license for the pistol within
30 days after his or her arrival in this state.
(3) The commissioner or chief of police of a city, township,
or village police department that issues licenses to purchase,
carry, possess, or transport pistols, or his or her duly authorized
deputy, or the sheriff or his or her duly authorized deputy, in the
parts of a county not included within a city, township, or village
having an organized police department, in discharging the duty to
issue licenses shall with due speed and diligence issue licenses to
purchase, carry, possess, or transport pistols to qualified
applicants residing within the city, village, township, or county,
as applicable unless he or she has probable cause to believe that
the applicant would be a threat to himself or herself or to other
individuals, or would commit an offense with the pistol that would
violate a law of this or another state or of the United States. An
applicant is qualified if all of the following circumstances exist:
(a) The person is not subject to an order or disposition for
which he or she has received notice and an opportunity for a
hearing, and which was entered into the law enforcement information
network pursuant to any of the following:
(i) Section 464a of the mental health code, 1974 PA 258, MCL
330.1464a.
(ii) Section 5107 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA
642.
(iii) Section 2950 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950.
(iv) Section 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950a.
(v) Section 14 of 1846 RS 84, MCL 552.14.
(vi) Section 6b of chapter V of the code of criminal procedure,
1927 PA 175, MCL 765.6b, if the order has a condition imposed under
section 6b(3) of chapter V of the code of criminal procedure, 1927
PA 175, MCL 765.6b.
(vii) Section 16b of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(b) The person is 18 years of age or older or, if the seller
is licensed under 18 USC 923, is 21 years of age or older.
(c) The person is a citizen of the United States and is a
legal resident of this state. For the purposes of this section, a
person shall be considered a legal resident of this state if any of
the following apply:
(i) The person has a valid, lawfully obtained Michigan driver
license issued under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, or an official state personal identification card
issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The person is lawfully registered to vote in this state.
(iii) The person is on active duty status with the United States
armed forces and is stationed outside of this state, but the
person's home of record is in this state.
(iv) The person is on active duty status with the United States
armed forces and is permanently stationed in this state, but the
person's home of record is in another state.
(d) A felony charge or a criminal charge listed in section 5b
against the person is not pending at the time of application.
(e) The person is not prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f of the Michigan penal
code, 1931 PA 328, MCL 750.224f.
(f) The person has not been adjudged insane in this state or
elsewhere unless he or she has been adjudged restored to sanity by
court order.
(g) The person is not under an order of involuntary commitment
in an inpatient or outpatient setting due to mental illness.
(h) The person has not been adjudged legally incapacitated in
this state or elsewhere. This subdivision does not apply to a
person who has had his or her legal capacity restored by order of
the court.
(i) The person correctly answers 70% or more of the questions
on a basic pistol safety review questionnaire approved by the
department of state police and provided to the individual free of
charge by the licensing authority. If the person fails to correctly
answer 70% or more of the questions on the basic pistol safety
review questionnaire, the licensing authority shall inform the
person of the questions he or she answered incorrectly and allow
the person to attempt to complete another basic pistol safety
review questionnaire. The person shall not be allowed to attempt to
complete more than 2 basic pistol safety review questionnaires on
any single day. The licensing authority shall allow the person to
attempt to complete the questionnaire during normal business hours
on the day the person applies for his or her license. If an
applicant has more than 1 license application pending under this
section, the applicant shall be permitted to use the completion of
a single basic pistol safety review questionnaire for satisfying
the requirements of this subdivision for all pending applications.
The requirements for answering a basic pistol safety review
questionnaire under this subdivision are waived if the licensing
authority fails or is unable to supply and grade a questionnaire at
the time the application is submitted. The licensing authority may
waive the requirement for answering a pistol safety review
questionnaire under this subdivision.
(4) Applications for licenses under this section shall be
signed by the applicant under oath upon forms provided by the
director of the department of state police. The application is not
required to be notarized and shall be processed free of charge.
Licenses to purchase, carry, possess, or transport pistols shall be
executed in quadruplicate upon forms provided by the director of
the department of state police and shall be signed by the licensing
authority. Four copies of the license shall be delivered to the
applicant by the licensing authority. A license issued on or after
April
1, 2012 is void unless used within 10
30 days after the date
it is issued. The licensing authority shall not require or request
the return of any unused license.
(5) If an individual purchases or otherwise acquires a pistol,
the seller shall fill out the license forms describing the pistol,
together with the date of sale or acquisition, and sign his or her
name in ink indicating that the pistol was sold to or otherwise
acquired by the purchaser. The purchaser shall also sign his or her
name in ink indicating the purchase or other acquisition of the
pistol from the seller. The seller may retain a copy of the license
as a record of the transaction. The purchaser shall receive 3
copies of the license. The purchaser shall return 2 copies of the
license to the licensing authority within 10 days after the date
the pistol is purchased or acquired. The return of the copies to
the licensing authority may be made in person or may be made by
first-class mail or certified mail sent within the 10-day period to
the proper address of the licensing authority. A purchaser who
fails to comply with the requirements of this subsection is
responsible for a state civil infraction and may be fined not more
than $250.00. If a purchaser is found responsible for a state civil
infraction under this subsection, the court shall notify the
department of state police of that determination.
(6) Within 48 hours after receiving the license copies
returned under subsection (5), the licensing authority shall
forward 1 copy of the license to the department of state police.
The licensing authority shall retain the other copy of the license
as an official record for not less than 6 years. Within 10 days
after receiving the license copies returned under subsection (5),
the licensing authority shall electronically enter the information
into the pistol entry database as required by the department of
state police if it has the ability to electronically enter that
information. If the licensing authority does not have that ability,
the licensing authority shall provide that information to the
department of state police in a manner otherwise required by the
department of state police. Any licensing authority that provided
pistol descriptions to the department of state police under former
section 9 of this act shall continue to provide pistol descriptions
to the department of state police under this subsection. The
purchaser has the right to obtain a copy of the information placed
in the pistol entry database under this subsection to verify the
accuracy of that information. The licensing authority may charge a
fee not to exceed $1.00 for the cost of providing the copy. The
licensee may carry, use, possess, and transport the pistol for 30
days beginning on the date of purchase or acquisition only while he
or she is in possession of his or her copy of the license. However,
the person is not required to have the license in his or her
possession while carrying, using, possessing, or transporting the
pistol after this period.
(7) This section does not apply to the purchase of pistols
from wholesalers by dealers regularly engaged in the business of
selling pistols at retail, or to the sale, barter, or exchange of
pistols kept as relics or curios not made for modern ammunition or
permanently deactivated. This section does not prevent the transfer
of
ownership of pistols that are inherited if the license to
purchase
is approved by the commissioner or chief of police,
sheriff,
or their authorized deputies, and signed by the personal
representative
of the estate or by the next of kin having authority
to
dispose of the pistol.heir or
devisee is qualified to obtain a
license under this section and the application includes a notarized
letter that is signed by an authorized representative of the estate
providing for the transfer of the pistol to the applicant. In the
case of a nonqualifying heir or devisee, the individual has 1 year
from the time of disqualification to authorize another heir or
devisee who is qualified to obtain a license under this section to
take ownership of the pistol under this subsection. A pistol shall
not be seized or confiscated by the licensing authority or any
other governmental entity if an heir or devisee is not qualified
for a license under this section, unless the estate does not choose
to, or is unable to, retain possession of the pistol. A licensing
authority or other governmental entity shall not sell, destroy, or
otherwise dispose of or use any pistol that comes into its
possession for an alleged violation of this subsection until
expiration of 1 year after the date the pistol is seized without an
owner seeking the return of the pistol. A pistol shall not be sold,
destroyed, or otherwise disposed of for an alleged violation of
this subsection if any legal action regarding ownership of the
pistol has been filed in any court and is pending. As used in this
subsection, "heir" means that term as defined in section 1104 of
the estates and protected individuals code, 1998 PA 386, MCL
700.1104.
(8) An individual who is not a resident of this state is not
required to obtain a license under this section if all of the
following conditions apply:
(a) The individual is licensed in his or her state of
residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described
in subdivision (a).
(c) The individual is the owner of the pistol he or she
possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose
as that term is defined in section 231a of the Michigan penal code,
1931 PA 328, MCL 750.231a.
(e) The individual is in this state for a period of 180 days
or less and does not intend to establish residency in this state.
(9) An individual who is a nonresident of this state shall
present the license described in subsection (8)(a) upon the demand
of a police officer. An individual who violates this subsection is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
(10) The licensing authority may require a person claiming
active duty status with the United States armed forces to provide
proof of 1 or both of the following:
(a) The person's home of record.
(b) Permanent active duty assignment in this state.
(11) This section does not apply to a person who is younger
than the age required under subsection (3)(b) and who possesses a
pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing
that pistol.
(b) The person is at a recognized target range or is receiving
instruction in the safe use of a pistol.
(c) The person possesses the pistol for the purpose of target
practice or instruction in the safe use of a pistol.
(d) The person's parent or guardian is physically present and
supervising the person.
(e) The owner of the pistol is physically present.
(12) This section does not apply to a person who possesses a
pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing a
pistol.
(b) The person is at a recognized target range or shooting
facility.
(c) The person possesses the pistol for the purpose of target
practice or instruction in the safe use of a pistol or is examining
the pistol for possible purchase or any other reason not expressly
prohibited by law.
(d) The owner of the pistol is physically present and
supervising the use or examination of the pistol.
(13) The licensing authority shall provide a basic pistol
safety brochure to each applicant for a license under this section
before the applicant answers the basic pistol safety review
questionnaire. A basic pistol safety brochure shall contain, but is
not limited to providing, information on all of the following
subjects:
(a) Rules for safe handling and use of pistols.
(b) Safe storage of pistols.
(c) Nomenclature and description of various types of pistols.
(d) The responsibilities of owning a pistol.
(14) The basic pistol safety brochure shall be supplied in
addition to the safety pamphlet required by section 9b.
(15) The basic pistol safety brochure required in subsection
(13) shall be produced by a national nonprofit membership
organization that provides voluntary pistol safety programs that
include training individuals in the safe handling and use of
pistols.
(16) A person who forges any matter on an application for a
license under this section is guilty of a felony, punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(17) A licensing authority shall implement this section during
all of the licensing authority's normal business hours and shall
set hours for implementation that allow an applicant to use the
license within the time period set forth in subsection (4).
Sec. 5a. (1) Each county shall have a concealed weapon
licensing board. The concealed weapon licensing board of each
county shall have the following members:
(a) The county prosecuting attorney or his or her designee.
However, if the county prosecuting attorney decides that he or she
does not want to be a member of the concealed weapon licensing
board, he or she shall notify the county board of commissioners in
writing that he or she does not want to be a member of the
concealed weapon licensing board for the balance of his or her term
in office. The county board of commissioners shall then appoint a
replacement for the prosecuting attorney who is a firearms
instructor who has the qualifications prescribed in section
5j(1)(c).
5j. The person who replaces the prosecuting attorney
shall serve on the concealed weapon licensing board in place of the
prosecuting attorney for the remaining term of the county
prosecuting attorney unless removed for cause by the county board
of commissioners. If a vacancy occurs on the concealed weapon
licensing board of the person appointed pursuant to this section
during the term of office of the county prosecuting attorney, the
county board of commissioners shall appoint a replacement person
who is a firearms instructor who has the qualifications prescribed
in
section 5j(1)(c).5j.
(b) The county sheriff or his or her designee.
(c) The director of the department of state police or his or
her designee.
(2) If a prosecuting attorney chooses not to be a member of
the concealed weapon licensing board, all of the following apply:
(a) The prosecuting attorney shall be notified of all
applications received by the concealed weapon licensing board.
(b) The prosecuting attorney shall be given an opportunity to
object to granting a license to carry a concealed pistol and
present evidence bearing directly on an applicant's suitability to
carry a concealed pistol safely.
(c) The prosecuting attorney shall disclose to the concealed
weapon licensing board any information of which he or she has
actual knowledge that bears directly on an applicant's suitability
to carry a concealed pistol safely.
(3) The county prosecuting attorney or his or her designee
shall serve as chairperson of the board unless the prosecuting
attorney does not want to be a member of the concealed weapon
licensing board, in which case the concealed weapon licensing board
shall elect its chairperson. Two members of the concealed weapon
licensing board constitute a quorum of the concealed weapon
licensing board. The business of the concealed weapon licensing
board shall be conducted by a majority vote of all of the members
of the concealed weapon licensing board.
(4) The county clerk shall serve as the clerk of the concealed
weapon licensing board.
(5) Except as otherwise provided in this act, the concealed
weapon licensing board has exclusive authority to issue, deny,
revoke, or suspend a license to carry a concealed pistol. The
concealed weapon licensing board shall perform other duties as
provided by law.
(6) The concealed weapon licensing board may convene not more
than 3 panels to assist the board in evaluating applicants. The
panels shall be composed of representatives as prescribed in
subsection (1). The panels do not have the authority to issue,
deny, revoke, or suspend a license.
(7) The concealed weapon licensing board may investigate the
applicant for a license to carry a concealed pistol. The
investigation shall be restricted to determining only whether the
applicant is eligible under this act to receive a license to carry
a concealed pistol, and the investigation regarding the issuance of
a license shall end after that determination is made. The concealed
weapon licensing board may require the applicant to appear before
the board at a mutually agreed-upon time for a conference. The
applicant's failure or refusal to appear without valid reason
before the concealed weapon licensing board as provided in this
subsection is grounds for the board to deny issuance of a license
to carry a concealed pistol to that applicant.
(8) If the concealed weapon licensing board receives any
information that may result in an application being denied, the
board shall provide to the applicant written notice that the
information has been received and may be considered for denial. The
notice shall include a copy of the information provided to the
concealed weapons licensing board if that information can be
reproduced, unless the reproduction or disclosure of that
information is expressly prohibited by federal law. The concealed
weapon licensing board shall provide the applicant with a
reasonable opportunity to appear before the board to address that
information before any decision is made by the board based on that
information.
(9) (8)
If the concealed weapon licensing
board determines
there is probable cause to believe the safety of the applicant or
the safety of a member of the applicant's family is endangered by
the applicant's inability to immediately obtain a license to carry
a concealed pistol, the concealed weapon licensing board may,
pending issuance of a license, issue a temporary license to the
individual to carry a concealed pistol. A temporary license shall
be on a form provided by the department of state police. A
temporary license shall be unrestricted and shall be valid for not
more than 180 days. A temporary license may be renewed for 1
additional period of not more than 180 days. A temporary license
is, for all other purposes of this act, a license to carry a
concealed pistol.
(10) (9)
The legislative service bureau
shall compile the
firearms laws of this state, including laws that apply to carrying
a concealed pistol, and shall provide copies of the compilation to
each concealed weapon licensing board in this state for
distribution under this subsection. A concealed weapon licensing
board shall distribute a copy of the compilation to each individual
who applies for a license to carry a concealed pistol at the time
the application is submitted. The concealed weapon licensing board
shall require the applicant to sign a written statement
acknowledging that he or she has received a copy of the
compilation. An individual is not eligible to receive a license to
carry a concealed pistol until he or she has signed the statement.
Sec. 5d. (1) If the concealed weapon licensing board denies
issuance
of a license to carry a concealed pistol, or fails to
issue that license as provided in this act, or suspends or revokes
a license, the applicant or licensee may appeal the denial or the
failure to issue the license or the suspension or revocation of the
license to the circuit court in the judicial circuit in which he or
she resides. The appeal of the denial or failure to issue a license
or the suspension or revocation of the license shall be determined
by a review of the record for error, except that if the decision of
the concealed weapon licensing board was based upon grounds
specified in section 5b(7)(n) that portion of the appeal shall be
by hearing de novo. Witnesses in the hearing shall be sworn. A jury
shall not be provided in a hearing under this section.
(2) If the court determines that the denial or failure to
issue a license or the suspension or revocation of the license was
clearly erroneous, the court shall order the concealed weapon
licensing board to issue a license as required by this act or to
restore the suspended or revoked license.
(3) If the court determines that the decision of the concealed
weapon licensing board to deny issuance of a license to an
applicant or to suspend or revoke a license was arbitrary and
capricious, the court shall order this state to pay 1/3 and the
county in which the concealed weapon licensing board is located to
pay 2/3 of the actual costs and actual attorney fees of the
applicant in appealing the denial.
(4) If the court determines that an applicant's appeal was
frivolous, the court shall order the applicant to pay the actual
costs and actual attorney fees of the concealed weapon licensing
board in responding to the appeal.
Sec. 12c. (1) A seller or a federally licensed firearms dealer
shall not do any of the following:
(a) Create a visible representation or a biometric record of
an individual who is purchasing a firearm or ammunition, except for
a visible representation created incidentally to the routine use of
surveillance cameras.
(b) Link a visible representation of a firearm or ammunition
transaction to an individual, except pursuant to a court order.
(2) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $500.00, or both.
Enacting section 1. This amendatory act takes effect April 1,
2012.